Divorce Questions & Answers

Q: does the separation agreement form{no contested items} need to be filed with court??? or is notary good enough ?

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Answered on Oct 22, 2018
Pete David Louden's answer
A notorized agreement is not the same as an order of the court. Your attorney will prepare your agreement in the form of a court order, present to the court for approval, and then file.

Q: Married, husband hasn't met son & lives in another state. Can I establish custody before getting a divorce?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Oct 22, 2018
Opal Phiona Lee's answer
Alimony is based on the recipient proving that he/she has the need and that the obligor has the ability to pay. Factors also include length of marriage and marriage contribution. More facts are necessary to determine whether you are eligible for alimony. As for visitation and child support, it is important to note that time sharing cannot be used as leverage to receive child support - therefore, a parent should not be denied timeshare because he/she is not paying child support. With that said,...

Q: Clarify Child Support for my 3 children - Said support shall continue until all children have turned eighteen(18) year

1 Answer | Asked in Child Support and Divorce for Florida on
Answered on Oct 22, 2018
Rand Scott Lieber's answer
In general the law in Florida is that child support is recalculated as each child emancipates. If the two of you do not agree as to what the language means then your remedy is to return to court for the judge to decide. Same with the life insurance. If he does not agree to pay for his own as ordered then you must return to court.

Q: Boyfriend moving in, can that change child support obligation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Answered on Oct 22, 2018
J. Richard Kulerski Esq.'s answer
The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.

Q: If I file for divorce cuz of husband's infidelity, will he have to repay expenses & court costs?

1 Answer | Asked in Divorce for Florida on
Answered on Oct 22, 2018
Deborah Annette Carroll's answer
You may qualify for temporary alimony if you can show you have a need for it and he has the ability to pay. For other forms of alimony such as durational or permanent, it will depend on many other factors including the length of your marriage and your need for alimony and his ability to pay also factor in. However, you are able to use his infidelity as grounds when requesting alimony. Additionally, you may be entitled to recoup money if he used marital funds to support the affair.

Q: In louisiana is it legal to move a camper trailer from the marital property??

2 Answers | Asked in Divorce for Louisiana on
Answered on Oct 20, 2018
Ellen Cronin Badeaux's answer
You didn't give enough detail, like who owns the land and who owns the camper. Get a consultation with a divorce attorney.

Q: Can the court go off my income in my husband and his ex wife’s child support case?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Answered on Oct 20, 2018
Ellen Cronin Badeaux's answer
No. Only the benefit he derives from expense sharing with you

Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.

1 Answer | Asked in Bankruptcy, Divorce and Business Law for Wisconsin on
Answered on Oct 20, 2018
Timothy Denison's answer
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...

Q: us my lawyer working for my family’s best interest? Or time to fire and hire new?

1 Answer | Asked in Divorce for California on
Answered on Oct 20, 2018
Angelina Bradley's answer
As a general rule, attorneys are conservative about nosing in on another attorney’s relationship with his client.

That said, I would review your retainer agreement. If you’re in a flare rate agreement, there may be things that you want your attorney to do that he has not contracted to do. If he is contracted to do those things, be direct. Share your concerns with your attorney. Explain what you want to have happen. If you’re still not happy, then I would consider finding another...

Q: How do I file for emergency child and spousal support

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Answered on Oct 20, 2018
Ellen Cronin Badeaux's answer
An attorney can file for custody, child support, spousal support with or without divorce. There is no such thing as emergency child support.

Q: How do I locate and obtain a copy of my deceased father’s divorce decree? I’m the trustee an Executor of his estate

1 Answer | Asked in Divorce for California on
Answered on Oct 20, 2018
Angelina Bradley's answer
Go to the court clerk’s office in the county the decree was filed and pay the clerk for a certified copy.

Good luck, and I’m sorry for your loss.

Q: Once a divorce is filed and settled are they public record for people to search and see in Maryland Case Search?

1 Answer | Asked in Divorce for District of Columbia on
Answered on Oct 20, 2018
Mark Oakley's answer
Yes. They can review the docket online, and they can go the the courthouse to look at the court file, review whatever has been filed, and make copies. If you signed and filed a separation and property settlement agreement as part of the divorce, you should ask your lawyer to have that document removed from the public file and sealed. Those agreements often contain highly sensitive financial and personal data that courts will place out of the public eye. The rest of the case file is public...

Q: Can a family law judge make my husband testify under oath whether we cheated on me?

1 Answer | Asked in Divorce for Virginia on
Answered on Oct 19, 2018
Sharon R. Moss' answer
In Virginia adultery is still a crime, so your husband would have the right to assert his 5th amendment privilege against self-incrimination. A judge could not make him state whether or not he committed adultery.

Q: New Jersey laws how long do you have to pay the other spouse support if there no children involved and the spouse is

1 Answer | Asked in Divorce for North Carolina on
Answered on Oct 18, 2018
Melissa Averett's answer
you are posting this in a North Carolina forum. You need to repost it in a New Jersey for him so that New Jersey lawyers can answer the question. only attorneys licensed in New Jersey can answer a question regarding New Jersey Law

Q: I am married with two kids, 9 and 11. I am thinking about filing for a divorce and would like to know my rights.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on Oct 18, 2018
Andy Cook's answer
This is a broad question, but I would start off with whether you are still living together and whether there have been any allegations of, or actual incidents of, domestic violence. If you are not living together, who are the kids primarily with and who is the high earner? Have you or your spouse or both of you lived in your county for at least three months and California for at least six months? Did you have a prenuptial agreement?

Spousal support is at play if there is a serious...

Q: My wife and I are legally separated. I now want a divorce. We have agreed to the terms. What do I need to do?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Oct 18, 2018
Pete David Louden's answer
All you need to do is take your agreement to an attorney in your local area and they will be able prepare the documents and present to the court.

Q: I am looking for someone to look over legal documents obtained online to acquire a divorce. Where do I go?

2 Answers | Asked in Divorce for Massachusetts on
Answered on Oct 18, 2018
Lillian J. LaRosa's answer
They should try to meet individually with 2 different attorneys in Bristol County due to a potential conflict of interest between them which can exist whether they think so or not.

Q: How does undiagnosed/diagnosed mental illness affect divorce in Georgia?

3 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Answered on Oct 18, 2018
Ellaretha Coleman's answer
If the safety of the children is at issue, it may be appropriate to request a psychological evaluation of your husband in the divorce case. You should speak with an attorney to discuss your options.

Q: Could I dirvorce with DIY option in Charlotte Mecklenburg County North Carolina? I am not from USA but married there

2 Answers | Asked in Divorce for North Carolina on
Answered on Oct 17, 2018
Melissa Averett's answer
One of the two of has to have lived in NC for the last six months to file for divorce here. So, no.

Q: My father had dementia and was addicted to prescription pain medicine. He married another drug addict.

1 Answer | Asked in Criminal Law, Family Law, Divorce and Estate Planning for Tennessee on
Answered on Oct 17, 2018
Anthony Marvin Avery's answer
It is probably impossible to Annul the alleged Marriage. But you should check to see if they were actually married, that is make her produce a Marriage Certificate. If there is substantial property, you may wish to file for a Probate Administration. As the Surviving Spouse, she will be entitled to at least a third of the Estate and a year's support. If there is real property, you may wish to file for a Partition to cash out your child's share (one-half or less)

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